|Terms and Conditions|
Terms & Conditions for Use of ClearSpecs Enterprises Web Sites
1. Copyrighted Information and Copyright Agent . Please note that the pages on these sites may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Unless otherwise noted, all information, text, articles, data, images, documents (as defined below), software or other materials (collectively hereinafter referred to as the "Materials") contained on any page within these sites are copyrighted by ClearSpecs Enterprises or a third party (hereinafter collectively referred to as the "Copyright Holder"). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in these sites in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of content in the Materials without the express, prior written consent of ClearSpecs Enterprises. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to ClearSpecs Enterprises, the Copyright Holder, or any third party referenced in the Materials. Nothing on these sites shall be construed as conferring any license under any Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. You agree to use these sites and the Materials, services and products on these sites or accessible via these sites only for lawful purposes. CLEARSPECS ENTERPRISES MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THESE SITES AT ANY TIME, FOR ANY REASON.
2. Notice With Regard to Documents on these sites. Permission to display, copy and/or download any papers, articles or other works of authorship on these sites (the "Documents") is hereby granted, provided that (a) the copyright notice set forth on the Document and a statement that the Document is being reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such Documents from these sites is for informational or personal use only, and (c) no modifications of any Documents are made. Any other use of the Documents is expressly prohibited.
4. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THESE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND CLEARSPECS ENTERPRISES MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THESE SITES OR THEIR CONTENTS. CLEARSPECS ENTERPRISES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. CLEARSPECS ENTERPRISES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THESE SITES IS ACCURATE, COMPLETE OR CURRENT. THESE SITES COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. CLEARSPECS ENTERPRISES RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THESE SITES MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. CLEARSPECS ENTERPRISES MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. CLEARSPECS ENTERPRISES IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION on LIABILITY. NEITHER CLEARSPECS ENTERPRISES NOR ANY OF ITS DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THESE SITES OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THESE SITES AND WILL NOT MAKE ANY CLAIM AGAINST CLEARSPECS ENTERPRISES FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION on LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
5. Links to Third Party Web Sites. Any other sites that are accessible via any links on these sites are not under the control of ClearSpecs Enterprises. ClearSpecs Enterprises is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. ClearSpecs Enterprises provides the linked sites to you only as a convenience and the inclusions of any such link on these sites does not imply ClearSpecs Enterprises' endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
6. Export Restrictions. You acknowledge and agree that the Materials are subject to the U.S. Export Administration. Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
8. User Input. Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on these sites transmitted by a user of these sites via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on these sites, such information shall be deemed to be non-confidential and ClearSpecs Enterprises shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, ClearSpecs Enterprises shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on these sites, or other ClearSpecs publications, and developing, manufacturing, and marketing products using such information. ClearSpecs Enterprises shall have no obligation to compensate the contributor of such information in any manner.
9. Governing Law; Venue for any Proceedings. Any action, proceeding, dispute, claim or controversy arising out of or relating to these sites or these Terms and Conditions, or any ClearSpecs products or services offered on or accessed via these sites, shall (i) be governed by Arizona law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the State of Arizona located in Maricopa County or of the United States District Court of the District of Arizona, and you hereby submit to the jurisdiction of said courts.
10. Complete Agreement; Changes to the Terms and Conditions. These Terms and Conditions represent the entire understanding relating to the use of these sites and prevail over any prior or contemporaneous, conflicting or additional, communications. ClearSpecs Enterprises shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on these sites. Any use of these sites after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
11. Indemnification. You agree to defend, indemnify, and hold harmless ClearSpecs Enterprises, its officers, directors, employees, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions, including without limitation, any supplemental terms and conditions. ClearSpecs Enterprises shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
12. Termination. ClearSpecs Enterprises may terminate this agreement at any time. Upon termination, you agree to cease all use of these sites. Without limiting the foregoing, ClearSpecs Enterprises shall have the right to immediately terminate your access and use of these sites, or any portion of these sites, in the event of any conduct by you or through your account which ClearSpecs Enterprises, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. The provisions of Sections 4, 9, 11 and this Section 12 shall survive any termination of this agreement.